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25 April 2024 Photo Supplied
Khanya B Motshabi
Khanya B Motshabi is a Senior Lecturer of Public Law and the Strategy Lead of University of the Free State Africa Reparation Hub.

Opinion article by Khanya B Motshabi, Senior Lecturer of Public Law and Strategy Lead of UFS Africa Reparation Hub.


Unjustified injuries inevitably trigger demands for remediation, almost always, at some point.  If so, colonial-apartheid atrocities rightly produce claims to redress. This face of reparative justice claims is easily cognisable. But it hides a deeper and larger claim to wholeness. Wholeness returns something to its original condition, or nearly there, and compensates for intervening fissures. Return and reparation are thus key remedies for colonial-apartheid harms. Wholeness builds on such ideas as replacement, atonement, restoration, and restitution. Wholeness concepts recognise, enable, and propel national reconstruction, an essential for shattered nations. This logic is perfectly compelling. Appreciation of colonial-apartheid depredations may be faint. However, colonial-apartheid harms equate to major world system shocks. Think of natural and ecological disasters, public health crises and material armed conflict. Picture post-1945 Germany. Imagine post-Belgian genocide Congo. Take Rwanda post-genocide. And on, we could continue.

Inevitable calls for justice

Reparative justice scholarship must frame the imperative of global justice. It imagines the world of our dreams. These fit the emerging world system opportunities, including timing inflections, to which I return. The fundamental justice thrust of reparatory scholarship is as eternal, of course, as is unremedied unjust injury. This intellectual, and political, ambition fuels the University of the Free State (UFS) Africa Reparation Hub. Reparatory scholars must prove the historic injury. This is not a tool of attack, discomfiture, or division. It merely grounds the justice claim. Domain scholars must, directly and indirectly, articulate this justice claim. Accordingly, we must cement relationships with both the African Union (AU) and sub-continental multilateral organisations. The Reparation Hub helps formulate AU reparative claims across conceptual, legal, political, and diplomatic realms. The Hub is assembling a Panel of Experts on Africa Reparations Experts (PEAR). The hub is creating a comprehensive Africa reparations information archive and resource repository. Recently, the Hub, Department of Public Law and Faculty of Law hosted their first reparations seminar, with Prof Saleem Badat as leader and Prof Pearl Sithole as discussant. The Hub officially launches in June 2024. The Hub continues its reparatory justice research. Undergraduate and graduate teaching and learning programmes could and should follow, in well-chosen good time, with due protocols.

Building the framework for justice

Reparative scholarship inhabits an ethically and morally attractive moral universe. Subjugation of former colonists, often current neo-colonialists, does not belong there. That would be wrong. Indefensible. What we want is a world defined by justice. There, human security and a sound peace and community among nations are possible. The supplicant status of former colonies must be reversed. The current world order obstructs - effectively precludes - human rights realisation in the post-colony. Post-colonial human rights enjoyment rests not simply on abstractions like freedom, equality, dignity, separation of powers and the rule of law. Intrinsically, these abstractions offer obvious human rights and human dignity value. Less obvious is their contextually defective human rights proposition. That the lofty rhetoric, and ostensible principles, should easily co-exist with endemic violations is strange. Deliberate worldwide human abuses, including war and genocide, especially against dark coloured persons are strange, or should be, strange. One international hegemon was at peace for about fifteen units of its near 250-year life, only. A global power has militarily attacked an estimated 85 to 100 countries, merely between 1945 and 2011.

The archetypal victim is a global South human. This is a poor human rights formula for the mythological exotics, the ones who by general misperception, are deservedly subject races.  African peoples, lawyers and scholars hardly have coherent experiential human rights stories. Such is our history, past and present. That human totality has shared aspirations matters not a jot. That humanity shares the same earth-space community is an incidental and dismissible insight. 

Perforce, the foundation of global South human rights protection is different. Coloniality, or enduring post-colonial colonial relations, must end. Reparation must, among other things, reverse at least those development deficits connected to colonial exploitation. Reparation, in the material form, can restore some extracted economic value. As both end and means, reparation is essential for post-colonial human liberty and fulfilment. Accordingly, decoloniality and reparations inherently drive quality post-colonial human rights outcomes. Instrumentally, decoloniality and reparations enhance global South human rights realisation. Political design imperfections aside, the painfully emerging multipolar global democracy may offer superior human rights actualisation. Life is, in this sense, a gamble. We have no choice on that world architecture gamble. But the geopolitical recalibration, itself, is afoot and assured. So, reparative justice features in a precious trio: decoloniality, reparations and multipolarity. Under this trio lies a vital ontology: validly, dark peoples are indeed human and dark nations are indeed nations. Dark peoples legitimately claim, and truly enjoy, human rights and human dignity. That eminent scholar, Michael Riesman, illustrates acutely. Human rights and human dignity are not myth system. Human rights and human dignity are operational code, reality.

The path to human rights

The forecast multipolar, decolonial and reparative conditions present a signal world system opportunity. The timing seems apt. And the opportunity promises much. The constitutive work is currently underway, as is evidently though murky. The architecture is difficult to imagine, design and assemble. But our dreams are crisp and bright. We want and deserve to inhabit that new world. We, the Africans, have for too long been disposable, forgettable. A world order warm to African, African-descent and post-colonial peoples prizes multipolarity, decoloniality and reparation. Post-colonial human rights fulfilment presupposes this system design principle. The principle fuels African human rights and human dignity. So, its inherent priorities represent the world we want. There, international society defines, or punctuates, itself by human rights as multipolar, decolonial and reparative arrangements. The is the stuff of dreams. A world of dreams. The dreams of our children and their children. I previously claimed that ‘our children are the force behind the waves of history still to come.’ I repeat that claim. Supported by decoloniality, multipolarity and reparation, our descendants can shape human history and human rights. We dare not squander their legacy, not least through corruption and state capture. We want better. We must behave better. Decoloniality, multipolarity and reparative justice promise, and demand, better. Then, post-colonial human rights actualisation might be optimal.        

News Archive

Statement by the senior leadership of the University of the Free State
2016-02-29

Statement by the senior leadership of the University of the Free State regarding the situation on the Bloemfontein Campus 

All academic and administrative activities on the Bloemfontein and South Campuses of the University of the Free State (UFS) resume on Monday 29 February 2016.

In light of the recent incidents on the Bloemfontein Campus, the university leadership would like to address the understandable concerns of students, staff and the general public. The university obviously respects the rights of individuals to freedom of speech and expression, but notes that these rights are subject to reasonable limitation, and cannot extend to justifying criminal acts.

The Bloemfontein Campus is secure and security measures have been doubled up to ensure the safety of students, staff and public property. The court interdict is in place and will be enacted if required. Unlawful disruptions, including those involving criminal conduct, will not be tolerated.

The university strongly condemns the unlawful and unacceptable conduct by students, protesting outsourced workers, and visitors to its campus during the past week, and in particular the assault on protestors at Xerox Shimla Park on Monday 22 February 2016 during a Varsity Cup rugby match between the FNB Shimlas and FNB Madibaz. The university has started a comprehensive and independent investigation into criminal activities on this campus before, during and after the Xerox Shimla Park events.

The university regrets the destruction of public property and the intimidation of staff and students which led to the shutdown of academic and administrative activities on the Bloemfontein Campus. Extensive investigations are underway to identify the perpetrators who took part in all incidents of disruption and criminal conduct, and urgent steps will be taken against such individuals or organisations in due course.

The university leadership remains deeply concerned about a dangerous and damaging allegation that a lecturer was identified on a widely circulated photograph while assaulting a protestor at the Varsity Cup rugby match on Monday 22 February 2016. The university diligently investigated this allegation and found it to be false; the individual is NOT a member of the UFS staff. A suspect was however identified and evidence handed over to the South African Police Services (SAPS) for urgent action.

It has further come to the attention of the university management that a number of individuals and organisations continue to make blatantly false and defamatory statements on social media platforms with the intention of inciting criminal conduct, threatening individuals, and spreading fear within the university community in order to unsettle the campus. Investigations are at an advanced stage to prosecute individuals and groups involved in such criminal conduct in the social media; both those who post these statements and those who repost or retweet them, are liable under the law.

Should you wish to confirm whether there is any truth attached to a circulated rumour or allegation, please call +27(0)51 401 2911, +27(0)51 401 2634 or send an email to news@ufs.ac.za. Legal steps will be taken against individuals and organisations that persist in circulating such misleading and damaging statements.
    
The UFS urges all individuals who are in possession of evidence or knowledge of any crimes that have been committed on the Bloemfontein Campus in the past week, to come forward with such evidence and information and to call the numbers indicated above or to send an email to news@ufs.ac.za. Any individuals who are in possession of video footage and photographs of the incidents at Xerox Shimla Park, the Equitas Building (formerly known as the CR Swart Building), Thakaneng Bridge, various residences, the Main Building and the grounds in front of the building, are requested to provide such evidence in order to assist with the identification of those involved in criminal acts.

The university leadership remains committed to its duty to act in the best interests of its students and staff and calls on its community and the public to act peacefully at all times and respect the rights of others.

Issued by: Lacea Loader
(Director: Communication and Brand Management)
Email: news@ufs.ac.za

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